Fed. Circ. Backs ITC's Refusal To Probe False Ad Claims

By Ryan Davis (May 1, 2019, 10:32 PM EDT) -- The Federal Circuit on Wednesday affirmed the U.S. International Trade Commission's decision not to investigate a false advertising complaint that Amarin Pharma Inc. filed against rivals, ruling the ITC can refuse to probe allegations that do not state a proper claim for relief.

In a 2-1 decision, the court held that Amarin's claim that Royal DSM, Pharmavite and Nordic Natural violated Section 337 of the Tariff Act by falsely labeling their imported products as dietary supplements was based on alleged violations of the U.S. Food, Drug and Cosmetic Act, which only the government can enforce.

"Although Amarin presents its claims as violations of...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!